Practice: Business Litigation
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Business Litigation
White Collar Exemptions – Rule Changes to Wage Requirements
- March 23, 2016
- By Allen & Gooch
July 2016 Timeline for Final Rule on White Collar Exemptions As many employers are aware, the Department of Labor (DOL) has proposed a rule change to the white collar exemptions for minimum wage and overtime requirements. The proposed rule updated the minimum compensation and salary levels to qualify for the white collar exemption from the […]
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Business Litigation
Personal Liability for LLC Members
- February 8, 2016
- By Allen & Gooch
Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]
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Business Litigation
Five Signs Your Business is Ready for the Next Generation
- January 25, 2016
- By Allen & Gooch
Family businesses make up 80% of all U.S. businesses, and yet only 30% of these businesses successfully survive a transition to the next generation. Dwight Drake, Closely Held Enterprises 335 (2013). One key question that many family businesses face is whether the company will survive the transition to the next generation. Here are five signs […]
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Business Litigation
Protections for Nursing Mothers in the Workforce
- January 20, 2016
- By Allen & Gooch
As of 2010, the Affordable Care Act amended the Fair Labor Standards Act (FLSA) to include requirements that employers covered by the FLSA accommodate non-exempt employees. The statute requires: 1) Reasonable break time for an employee to express breast milk for one year after the child’s birth each time the employee needs to express milk; […]
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Business Litigation
Fifth Circuit Clarifies Loss Causation Requirements in Securities Class Actions
- November 11, 2014
- By Allen & Gooch
Plaintiffs Allege Medicare Fraud Led to Artificially Inflated Stock Prices In Public Employees Retirement System of Mississippi, Puerto Rico Teachers’ Retirement System v. Amedisys, Inc., No. 13-30580, 2014 WL 4931411 (5th Cir. Oct. 2, 2014) (“PERSM”), the U.S. Fifth Circuit Court of Appeals clarified the level of pleading required to survive a 12(b)(6) motion to […]
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Business Litigation
Social Media as Evidence – Louisiana Courts Accept Facebook
- March 24, 2014
- By Allen & Gooch
Facebook Used to Prove Plaintiff’s Quality of Life In a recent trial, we were able to submit evidence to the jury regarding posts on plaintiff’s Facebook page regarding activities she participated in and her general quality of life. We argued that these posts showed that plaintiff had no loss of enjoyment of life and that […]
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Business Litigation
More Countries Adopting Anticorruption Laws
- March 3, 2014
- By Allen & Gooch
Companies in many industries, such as energy exploration and service companies—with their global operations and presence in third world and developing countries—face numerous pressures, including the prospect of accusations of bribery and corruption. Companies with a presence in numerous countries must today be cognizant of the various anticorruption laws adopted in the countries in which […]
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Business Litigation
Can Dissolved Corporations Still Face Future Liability?
- January 30, 2014
- By Allen & Gooch
Dissolved Corporations Can Still be Sued in Delaware The Supreme Court of Delaware concluded that if dissolved corporations have undistributed “property,” a personal injury claim can be pursued. In the Matter of Krafft-Murphy Company, Inc., No. 85, 2013 (November 26, 2013). Krafft-Murphy, a Delaware corporation, dissolved in 1999. Despite the dissolution, tort claimants continued to […]
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Business Litigation
Personal Liability of LLC Member Now Determined by Four-Factor Test
- January 23, 2014
- By Allen & Gooch
Louisiana Supreme Court Overrules Third Circuit In Ogea v. Merrit, 13-1085 (La. 12/10/13), — So. 3d —, the Louisiana Supreme Court overruled the appellate court’s holding that a member of a limited liability company (LLC) could be held personally liable for negligent design and construction. The case deals with the construction of a new home […]
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Business Litigation
2nd Circuit Addresses Evidence Required to Contest Arbitration Clauses
- January 6, 2014
- By Allen & Gooch
In Hanlon v. Monsanto Ag Products, LLC, 48,010 (La. App. 2 Cir. 10/9/13), — So.3d —, the Second Circuit Court of Appeal held that the arbitration clause contained in an agreement between cotton farmers, manufacturers, and sellers was enforceable. Trial Court Held Arbitration Clause Unenforceable The plaintiffs were cotton farmers who filed a redhibition action […]